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29 Jul, 2008 12:10 pm by Michael J. Hassen
... the putative class members and breached fiduciary duties owed to the class. Nichols v. Alcatel USA, Inc., ___ F.3d ___, 2008 WL 2469407, *1 (5th Cir. June 20, 2008). The class action divided the retirees into two groups - Salaried Retirees ... . Id. Plaintiffs filed an interlocutory appeal and the Fifth Circuit affirmed. The class action was precipitated by Alcatel's announcement "that it planned to implement changes to certain of its retiree medical welfare benefit plans, including ...
Class Action Defense Blog - http://classactiondefense.jmbm.com/
7 Aug, 2007 5:09 am by Andis Kaulins
... on patent law and litigation." In KSR (KSR International Co. vs. Teleflex, Inc. (No. 04-1350, slip opinion)), the Supreme Court in its unanimous decision clearly indicated ... MP3 patent dispute between Microsoft and Alcatel-Lucent. We posted vociferously about that case in February under the title Patent Insanity in the USA Continues as Jury Awards Record MP3 ... News, Jeff St.Onge and Crayton Harrison, Microsoft Judge Negates Alcatel-Lucent MP3 Patent Win (Update3) Although this case does not involve ...
LawPundit - http://www.lawpundit.com/blog/lawpundit.htm
8 Mar, 2006 5:13 am by David Bruns
... Prices Are Not a Reliable Basis for Determining Loss In Value Damages • Alcatel USA , Inc. v. Cisco Sys., Inc., 239 F.Supp.2d 660 (E.D.Tex. ... ) Alcatel alleged that Monterrey and Cisco systematically misappropriated and used cutting-edge Alcatel technology. Cisco acquired Monterey for a little more than $500 million in 1999, and ... plaintiff had demonstrated a nexus between the infringement and the indirect profits. • Davis v. The Gap, Inc., 246 F.3d 152 (2nd Cir. 2001) In yet a fourth case on the ...
IP Blawg - http://iplaw.blogs.com/content/
18 Feb, 2007 10:37 am by Ray Dowd
... courts have narrowly tailored the available relief. The majority view is set forth in Kepner-Tregoe, Inc. v. Leadership Software, 12 F.3d 527 (5th Cir. 1994). That case ... "head start" gained by making infringing intermediate copies. See Alcatel USA, Inc. v. DGI Technologies, Inc., 166 F.3d 772 (5th Cir. 1999); Sony ... is "copyright misuse" and is grounds for striking down an injunction. See, e.g., Alcatel, supra. A plaintiff may have success in getting courts to enjoin non-copyrightable benefits or ...
Copyright Litigation Blog - http://copyrightlitigation.blogspot.com/
15 Feb, 2008 9:00 am
... Dell - Federal Judge enters final judgment against Dell after jury finds Alcatel-Lucent did not infringe Dell's method patents for managing customer and product ... Industrial Co., Ltd and its subsidiary Panasonic Corp: (IP Law360), Power Distribution Inc - Poor litigation conduct results in award of attorneys fees in dispute with Thomas & Betts ... and trial counsel related to patent in suit in Se-Kure Controls, Inc v Diam USA, Inc: (Chicago IP Litigation Blog), Se-Kure Controls - Court allows ...
IP Thinktank - http://duncanbucknell.com/blog
17 Jan, 2008 10:00 pm
... (Gemcitabine) - Eli Lilly and Co. resumes action against Mayne Pharma (USA) Inc. for infringement of two patents related to chemotherapy drug Gemzar: (IP Law360), ... (IP Law360), Dell - Federal trial started in Dell's case accusing Alcatel-Lucent's configuration tool of infringing two of its patents for managing customer and ... finds 'FYBY' for silkscreening services confusingly similar to 'FUBU' mark for clothing in GTFM, Inc v Wilson: (TTABlog), Google - Google denies patent infringement claim by Jarg ...
IP Thinktank - http://duncanbucknell.com/blog
5 Jul, 2008 11:05 am
... Trade marks protected against silent freedom of speech: Patel v Allos Therapeutics Inc: (Class 46), After more than five year battle, High Court rules ... ), Ansell Healthcare Products - Issue preclusion decides claim construction: Shen Wei (USA) v Ansell Healthcare Products: (Chicago IP Litigation Blog), Apple - Apple, ... LLC v Heartland: (43(B)log), Microsoft - Federal judge agrees with most of Alcatel USA Resources' claim constructions in its video playback patent battle with Microsoft: (IP Law360 ...
IP Thinktank - http://duncanbucknell.com/blog
19 Apr, 2007 3:03 pm by Michael Smith
Todd v. Alcatel USA Resources, Inc., 2007 WL 1115244(E.D.Tex. Apr 13, 2007) (NO. 4:05CV223) Judge: Richard Schell Holding: Defendant's Motion for Summary Judgment GRANTED
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
3 Dec, 2008 8:07 am by The Docket Navigator
... to have reasonable notice of the plaintiff's infringement claims. Because of the nature of the patent claim, [plaintiff] had reasonable notice that [defendant] was accusing the [product at issue] and the method that it deployed regardless of the branding or the configuration of its components." Alcatel USA Resources Inc v. Microsoft Corp., 6-06-cv-00499 (TXED December 1, 2008, Memorandum Opinion and Order)
Docket Report Patent Infringement Blog - http://docketreport.blogspot.com/
26 Sep, 2008 5:22 pm by Andis Kaulins
... ) patent case which we wrote about previously as follows: 1) Patent Insanity in the USA Continues as Jury Awards Record MP3 Verdict "Only one word accurately defines ... of Bell Laboratories." 2) MP3 Shows that America is being Trounced by Europe on the Corporate Battlefield "The Alcatel-Lucent Patents in the Patent Suit Against Microsoft An American jury has just awarded ... and alternatively a new trial, on infringement and damages. Lucent Techs., Inc. v. Gateway, Inc., 509 F. Supp. 2d 912 (S.D. Cal. ...
LawPundit - http://www.lawpundit.com/blog/lawpundit.htm
11 Apr, 2008 9:00 am
... (Escitalopram) - CAFC decision in Caraco Pharmaceutical Laboratories, Ltd. v. Forest Laboratories, Inc. turns law of declaratory judgment on its head: (Patent Docs), (Patent Baristas), Mircera ( ... (Patent Prospector), (Techdirt), Microsoft - Jury orders Microsoft to pay $367.4 million to Alcatel-Lucent for infringing two patents: (IPBiz), (Washington State Patent Law Blog), ( ... claim but not false advertising claim: Trans USA Products, Inc v Howard Berger Company, Inc: (43(B)log), Tyco - Common law ...
IP Thinktank - http://duncanbucknell.com/blog
13 Oct, 2008 12:12 pm
... control of suppliers sufficient for direct infringement: Rowe International Corporation v Ecast, Inc (Chicago IP Litigation Blog) Dormant infringement accusation creates declaratory jurisdiction: ... over camera-mounted LED lighting technology (Green Patent Blog) StarTech.com USA - Video Products sues StarTech for allegedly infringing patent related to keyboard, video, ... patent suit: Quantum Catalytics, LLC & Anor v Ze-Gen, Inc & Ors(Green Patent Blog) US Copyright US Congress hastens through ...
IP Thinktank - http://duncanbucknell.com/blog
1 Feb, 2008 12:00 am
... serves and finds specimen of use acceptable: In re ICE Futures US, Inc: (TTABlog), (IP Updates), Mesmerized by fame of "VANITY FAIR" mark, TTAB sustains 2( ... (Chicago IP Litigation Blog), Fisher-Price - Icon Health & Fitness Inc. has sued Fisher-Price for patent infringement over technology that electronically simulates a ... all ongoing patent infringement suits in the USA and Japan over semiconductor technology: (IPLaw360) Microsoft - ITC determines Alcatel-Lucent infringed Microsoft's patents ...
IP Thinktank - http://duncanbucknell.com/blog
23 Feb, 2007 4:07 pm by Peter Black
... Diesel, Louis Vuitton and the New York Yankees. Read more here (from LawFuel.com). Toronto-based Puretracks Inc. announced on Wednesday that it was selling MP3 files from independent labels, including Nettwerk Music Group, Independent Online Distribution Alliance ... on four of its patents. Microsoft said in a filing last week with the US District Court of Delaware that Paris-based Alcatel-Lucent violated four patents dealing with computer and phone systems that monitor and run calls, messages and ...
Freedom To Differ - http://www.freedomtodiffer.com/freedom_to_differ/
26 Sep, 2008 11:45 pm
... own tests exonerate Immutopics (PATracer) Summary judgment of noninfringement granted in part: Renhcol Inc v Don Best Sports (EDTexweblog.com) Supreme Court infringement extraterritoriality: Glowproducts.com ... won't reinstate $1.54 billion Microsoft verdict: Microsoft Corp. v Alcatel-Lucent (Law360) Microsoft - Alacatel seeks to block Microsoft from bringing new products into ... LITE and PROLINE for chainsaw accessories: Trilink Saw Chain, LLC v Blount, Inc (43(B)log) Red Sox see no humour in SEX ROD ...
IP Thinktank - http://duncanbucknell.com/blog
14 Dec, 2007 1:00 am
... reform: (Chicago IP Litigation Blog), (ArsTechnica) House committee hears the cons of the PRO-IP Act: (ArsTechnica), Alcatel-Lucent - judge refuses to halt trial in suit against Dell and Microsoft: (IPLaw360), Amazon list of more ... dispute with Peter Sklar: (Washington State Patent Law Blog), Motorola Inc., Sprint Nextel Corp., Verizon Wireless and T-Mobile USA accused of patent infringement by Digital Technology Licensing: (IPLaw360), Nokia keeps 'edge' in ITC handset battle with Qualcomm Inc: ( ...
IP Thinktank - http://duncanbucknell.com/blog
11 Jul, 2008 4:30 am
... : (Managing Intellectual Property) Canada Federal Liberal Party sued by Green Shift Inc for misappropriation of corporate name and trade mark GREEN SHIFT: (Canadian Trademark Blog), 61 ... copying lawsuit proceeds: MDM Group Associates, Inc v Emerald Isle Realty, Inc: (43(B)log), Mercedes-Benz USA - WordLogic files patent infringement lawsuit ... - CAFC hears oral argument in MP3 audio patent infringement case between Alcatel-Lucent and Microsoft: (Patent Prospector), (IP Law360), (The IP ADR Blog), ...
IP Thinktank - http://duncanbucknell.com/blog
19 Mar, 2007 4:09 pm
... , Microsoft recently was on the losing end of what will be a record $1.52 billion verdict, if upheld on appeal, in favor of Alcatel-Lucent, a large networking equipment company. A verdict that should give added incentive to Microsoft's continuing push for ... says. U.S. intellectual property, dominated by patents, is valued at as much as $5.5 trillion, according to a 2005 study by USA for Innovation, a Washington group that advocates free trade. That's more than 40 percent of U.S. gross domestic ...
Maier & Maier, PLLC IP Blawg - http://www.postgrant.com/
         
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